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Hiring a Special Education Attorney: When to Consider It

28 November 2023

Joy Johnson

As a parent, you always want the best for your children, especially when it comes to their education. However, it can be incredibly disheartening when you feel that your child is being targeted or discriminated against at school because of their special needs. In these situations, it can be difficult to know what to do or where to turn to for help. This is where a special education attorney can be especially beneficial. .

Understanding Your Rights

Before deciding to hire a special education attorney, it’s important to understand your rights as a parent and the rights of your child. Under the Individuals with Disabilities Education Act (IDEA), children with special needs have the right to a free and appropriate public education (FAPE). This means that schools are required to provide access to special education services that are tailored to each child’s unique needs. If schools fail to meet these requirements, parents have the right to file a complaint with the Department of Education’s Office of Special Education Programs (OSEP). A special education attorney can help navigate this process and provide support for filing a strong complaint.

Recognizing When It’s Time to Call in the Professionals

There are many situations when it might be necessary to call in a special education attorney. For example, if your child is being bullied or harassed at school because of their special needs, if they are consistently being excluded from school activities or field trips, or if they are not receiving the services and accommodations they are entitled to under IDEA. Additionally, if you have already filed a complaint with OSEP and it has not been resolved satisfactorily, a special education attorney can provide legal representation during the due process hearing.

Understanding the Due Process Hearing

A due process hearing is an official legal proceeding that can take place when parents and schools disagree over special education services or accommodations. During this hearing, a hearing officer will listen to all parties and make a decision based on the evidence presented. A special education attorney can represent parents during this process, ensuring that parents understand their rights and receive the support they need to advocate for their child.

Benefits of Hiring a Special Education Attorney

There are many benefits to hiring a special education attorney, including legal representation during the due process hearing, review of education records, and guidance in filing complaints with OSEP. Additionally, special education attorneys have a deep understanding of IDEA and the laws surrounding special education, which can be incredibly helpful when navigating the complex legal system. Even if parents are able to resolve issues without legal assistance, having a special education attorney on hand can provide peace of mind and ensure that parents are knowledgeable about the legal protections afforded to their child.

By understanding your rights, recognizing when it’s time to call in a professional, and hiring a special education attorney, you can ensure that your child receives the services and accommodations they are entitled to. Whether you are filing a complaint with OSEP or need legal representation during the due process hearing, a special education attorney can provide invaluable support and guidance. By working with a professional, parents can advocate for their child and ensure that they receive the resources necessary for a successful education. Contact a special education attorney to learn more.

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